Two Estate Agents, One Sale, Slightly Different Problem?

DTDfanBoy

Well if you changed to EA2 a couple of months ago you need to ensure that all offers are presented through EA1 and that you don't exchange for another 12 weeks.

ali_hire

DTDfanBoy wrote: »

Well if you changed to EA2 a couple of months ago you need to ensure that all offers are presented through EA1 and that you don't exchange for another 12 weeks.

This is possibly the best option you have.

I'd get in touch with EA2 and tell them that, as far as you're concerned, the buyer was introduced by EA1 and that they are definitely entitled to their commission. EA2 is only entitled to their commission if a sale happens during their agency period.

I'd give EA2 two options;

1. Tell them that if they want to call EA1 and try to negotiate splitting the fee then great. If they manage to then fantastic. If not, then...

2. You are giving them notice for the end of their agency period and you want them to cease advertising immediately and remove any board they have up.
You will then go back to EA1 with the buyer and you will make sure that the sale does not exchange or complete before the expiry of their agency contract.

This assumes the buyer is prepared to wait, of course.

dadio77

ali_hire wrote: »

This is possibly the best option you have.

I'd get in touch with EA2 and tell them that, as far as you're concerned, the buyer was introduced by EA1 and that they are definitely entitled to their commission. EA2 is only entitled to their commission if a sale happens during their agency period.

I'd give EA2 two options;

1. Tell them that if they want to call EA1 and try to negotiate splitting the fee then great. If they manage to then fantastic. If not, then...

2. You are giving them notice for the end of their agency period and you want them to cease advertising immediately and remove any board they have up.
You will then go back to EA1 with the buyer and you will make sure that the sale does not exchange or complete before the expiry of their agency contract.

This assumes the buyer is prepared to wait, of course.

Both posts make sense - I've read through again all of the other clauses and EA2 only have a claim as an 'introducer' or avenues other than an EA, and EA1 is clearly the 'introducer' in this case.


We would prefer to move sooner rather than later, but would gladly hold off an extra 4(ish) weeks (if the proposed buyer agrees) for the sake of £7,200.


My thought is to text/call the buyer and ask him to make any further contact through EA1, contact EA1 and let them know what is happening, and email EA2 confirming the buyer was introduced by EA1 and they should either negotiate an agreed fee, or I will wait until contract expiry, so it is in writing.


EA2 did promise things during negotiations like any intro through EA1 and they would walk away, and also the 20 week term can be cancelled at any time, but I realise now I was naïve in not making sure the contract reflected this (my fault) so I don't want to get bogged down in he said/she said, I would rather be open and come to an agreement.

pinkshoes

dadio77 wrote: »

EA2 did promise things during negotiations like any intro through EA1 and they would walk away, and also the 20 week term can be cancelled at any time, but I realise now I was naïve in not making sure the contract reflected this (my fault) so I don't want to get bogged down in he said/she said, I would rather be open and come to an agreement.

If EA2 verbally promised to walk away from all clients from EA1, then I would try and hold them to this first.

Write to them stating that the person they showed round on <date> was actually introduced by EA1, therefore as per the verbal agreement, any commission due on a sale from this buyer would be for EA1.

If they get stroppy, then go with plan B, asking them to claim their commission from EA1.

Annie1960

The property ombudsman does not like vendors having to pay two lots of commission, and EAs know this.

The second EA should not have got involved if they knew the buyer had originally been introduced by the first EA.

AS others have said above, explain this to the second EA. If the second EA is uncooperative, then speak to the first EA.

You should not be discussing this directly with the buyer.

I would never sign a contract with a large national agency as they all seem to be very aggressive (especially those belonging to the sequence group). Also, 'sole selling rights' contracts are, in my view, completely outrageous and I would never sign one of these, so learn for the future.